Utah Admin. Code R920-50-11 - Exceptions to Standards
(1) In the event
that the ropeway does not conform with the Governing Standards and the Ropeway
Operation Safety Rule, the Committee may issue a Certificate of Registration
with an exception. Two types of exceptions may be granted after a Request for
Exception from Standards is submitted.
(a)
Annual Exception - This type of exception must be reviewed annually by the
Committee. This type of exception is subject to cancellation at any time
pursuant to a determination by the Committee that a change is
necessary.
(b) Limited Exception -
This type of exception is granted only for a fixed time period to be determined
by the Committee.
(2)
The nature of the exception must be stated in the Request for Exception from
Standards.
(3) The Committee shall,
as expeditiously as possible, and within thirty days of receipt of a Request
for Exception from Standards, notify the operator in writing of its action on
the Request.
(4) The Request for
Exception from Standards must include the following information:
(a) Reasons for requesting an
exception;
(b) Identification of
the way the ropeway does not conform to the Governing Standards or this rule;
and
(c) Procedures, with estimated
time and cost, which would be required to bring the ropeway into
conformance.
(5) Except
as required in Subsection
R920-50-12(7),
the Committee will issue a Certification of Registration with an exception if
the operator satisfies the requirements stated in Subsection
R920-50-12(4)
and supplies the following for new or existing ropeways:
(a) New Ropeways.
(i) A design certification by a qualified
engineer attesting that the ropeway is so designed and equipped that its
devices or methods provide features that are comparable in performance and
safety to those that meet requirements set forth in the Governing Standard and
this rule.
(ii) Any known items
that require a Request for Exception from Standards for Passenger Ropeways must
be submitted to the Committee before work begins.
(b) Existing Ropeways.
(i) A design certification by a qualified
engineer attesting that the ropeway is so designed and equipped that its
devices or methods provide features that are comparable in performance and
safety to the requirements of the Governing Standard and this rule.
(ii) A statement by the operator certifying
that the ropeway feature for which the exception is requested has been operated
safely and without any passenger ropeway incident, as defined in Subsection
R920-50-3(24)
item (a) or (g), for at least 2 years prior to the date of the Request for
Exception from Standards.
(6) In exceptional circumstances, the
Committee may issue a Certificate of Registration with an exception even if the
operator does not satisfy the requirements defined in the Governing Standard or
this rule if the Committee determines that the ropeway is so designed and
equipped that its devices or methods provide features that are comparable in
performance and safety.
(7) Where
doubt exists as to the safety of a ropeway, the Committee may require an
inspection to ascertain that the ropeway is so designed and equipped that its
devices or methods provide features that are comparable in performance and
safety to those of the Governing Standards and this rule.
(8) The issuance of a Certificate of
Registration with an annual exception will not bind the Committee to issue such
a certificate for the ropeway involved in subsequent years, nor to issue such a
certificate for another ropeway of same or similar design.
Notes
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